1. Understanding the impact of criminalising HIV transmission Christoforos Mallouris Director of Programmes 5 August 20081XVII IAC, Mexico City

2. What is Criminalisation of HIV transmission Recent increase in number of countries where the transmission of HIV is a criminal offence Laws can take many forms: Transmission Exposure Specific HIV laws Other laws (murder, manslaughter, attempted manslaughter, sodomy laws, etc.) 5 August 20082XVII IAC, Mexico City

3. Criminalisation laws (continued) Require PLHIV (who know their serostatus) to inform any sexual contact in advance, forcing disclosure Some laws include pregnant HIV-positive women Very little mention is made about PLHIV who use precautions (regardless of disclosure) 5 August 20083XVII IAC, Mexico City

4. Criminalisation laws (continued) “Criminalisation is a failure to protect the dignity of people living with HIV. This is discrimination on the basis of disease. Nothing like this exists for people living with hepatitis or TB.” ICW member, LIVNG 2008 pre-consultations 5 August 20084XVII IAC, Mexico City

5. Criminalisation laws (continued) Proving causality (is it always possible to prove who has passed the virus on to whom?) Proving intent (difficult to define the line between intentional and non-intentional) Risk persecution when serostatus not known Forces disclosure (even in safer sex) 5 August 20085XVII IAC, Mexico City

6. Impact on PLHIV and responses to HIV and AIDS Places the blame on one person (the person with HIV) for the transmission of HIV Controls individual and intimate behaviour Increases stigma against PLHIV Assumes PLHIV intend to transmit HIV Assumes PLHIV always have the power to negotiate safer sex 5 August 20086XVII IAC, Mexico City

7. Impact on PLHIV and responses to HIV and AIDS It shifts from rights-based approaches of empowering individuals to build the skills and knowledge to practice safer sex Discourages people from testing (fear of being penalised) Promotes fear of having a sex life amongst PLHIV Exacerbates vulnerability of key populations 5 August 20087XVII IAC, Mexico City

8. LIVING 2008 The Positive Leadership Summit Criminalisation laws are counterproductive Singling out HIV transmission and putting it into policy will not result in prevention HIV prevention is a shared responsibility 5 August 20088XVII IAC, Mexico City

9. LIVING 2008 The Positive Leadership Summit Malevolent and intentional infection should be persecuted In an ideal world there would be no criminalisation of HIV transmission laws In reality, we may not be able to revoke all criminalisation laws Need to use evidence-based advocacy and work together with policy makers, media, criminal justice system, medical specialists, etc. 5 August 20089XVII IAC, Mexico City

10. LIVING 2008 The Positive Leadership Summit Education for criminal justice system Education for the media Raise awareness among PLHIV of their rights and the laws where they reside Build the evidence on existing cases (e.g., criminalisation scan, stigma index) Build the evidence on impact of criminalisation laws PLHIV networks as important partners! 5 August 200810XVII IAC, Mexico City

11. THANK YOU cmallouris@gnpplus.net www.gnpplus.net 5 August 200811XVII IAC, Mexico City